The California DE-305 form is an affidavit used to claim real property of small value, specifically when the value does not exceed $55,425. This form is essential for individuals who wish to assert their rights to a decedent's property without the need for formal probate proceedings. If you are in need of assistance with this process, please consider filling out the form by clicking the button below.
The California DE-305 form serves a crucial role in the probate process, particularly for those dealing with the estate of a deceased individual whose real property is valued at $55,425 or less. This affidavit allows successors of the decedent to claim ownership of the property without undergoing a lengthy probate process. When completing this form, it is essential to provide specific information, including the decedent's name, the date and place of their death, and a certified copy of their death certificate. The form requires declarants to affirm that at least six months have passed since the decedent's death and to confirm the decedent's domicile at the time of death. Additionally, the form necessitates a detailed description of the real property in question, including its legal description and Assessor's Parcel Number (APN). Successors must demonstrate their right to the property, either through a will or under California’s intestacy laws. Furthermore, the DE-305 mandates that all funeral expenses and debts of the decedent have been settled, ensuring that the property can be transferred without encumbrances. The form also includes provisions for notarization and must be filed with the appropriate court, highlighting its importance in establishing rightful ownership and facilitating the smooth transfer of property after death.
DE-305
ATTORNEY OR PARTY WITHOUT ATTORNEY STATE BAR NO.:
After recording, return to:
NAME:
FIRM NAME:
STREET ADDRESS:
CITY, STATE, ZIP CODE:
TELEPHONE NO.:
FAX NO.:
EMAIL ADDRESS:
ATTORNEY FOR (name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
FOR RECORDER'S USE ONLY
ESTATE OF (name):
CASE NUMBER:
DECEDENT
AFFIDAVIT RE REAL PROPERTY OF SMALL VALUE
FOR COURT USE ONLY
1.The decedent (name): died on (date):
at (city, state):
2.At least six months have passed since the decedent's death. (Attach a certified copy of the decedent's death certificate.)
3.a. The decedent was domiciled in this county at the time of death.
b. The decedent was not domiciled in California at the time of death, but the decedent died owning real property in this county.
4.The gross value, on the date of the decedent's death, of all real property in the decedent's estate located in California, as shown by the attached inventory and
appraisal—excluding the real property described in Probate Code section 13050—did not exceed (check one):
a. $55,425 (decedent died before April 1, 2022).
b.$61,500 (decedent died on or after April 1, 2022, and before April 1, 2025. Form DE-300 is attached as required by law).
c. $69,625 (decedent died on or after April 1, 2025. Form DE-300 is attached as required by law).
5.a. The legal description and the Assessor's Parcel Number of the particular item of the decedent's real property claimed by the declarant(s) are provided on an attached page titled Attachment 5a [legal description of real property]. (Copy legal description exactly from deed or other legal instrument.)
b.The decedent's interest in this real property is (specify):
6. Name and address of each guardian or conservator of the decedent's estate at time of death:
none
are as follows:*
Name
Address
Additional guardians or conservators are identified in Attachment 6.
(* You must deliver a copy of this affidavit and all attachments in any manner provided in Probate Code section 1215 to each guardian or conservator named above. You may use Judicial Council form POS-030 for proof of mailing, form POS-020 for proof of personal delivery, or form POS-050 for proof of electronic delivery.)
7.An inventory and appraisal of all of the decedent's real property in California is attached. The appraisal was made by a probate referee appointed by the State Controller for the county in which the property is located. (You must prepare the inventory on Judicial Council forms DE-160 and DE-161. You may select any probate referee appointed for the county to perform the appraisal. A list of all probate referees, shown by county, is available at www.sco.ca.gov/eo_probate_contact.html. Each court also has a list of referees appointed for its county. Check with the probate referee or consult an attorney if you need help preparing the inventory.)
8.a. No proceeding for administration of decedent's estate is now being or has been conducted in California.
b. The decedent's personal representative has consented in writing to the use of the procedure provided by Probate Code
section 13200 et seq. (Attach a copy of the consent and a copy of the personal representative's letters of administration.)
Judicial Council of California, courts.ca.gov Rev. January 1, 2026, Mandatory Form Prob. Code, § 13200
Affidavit re Real Property of Small Value
DE-305, Page 1 of 2
9.Funeral expenses, expenses of last illness, and all known unsecured debts of the decedent have been paid. (NOTE: You may be personally liable for decedent's unsecured debts up to the fair market value of the real property and any income you receive from it.)
10.The declarant—or a trust or other entity, on behalf of which the declarant is acting—is, or all declarants together constitute, the successor of the decedent (as defined in Probate Code section 13006) to the decedent's interest in the property described in item 5, and no other person or entity has a superior right to the decedent's interest in that property, because the declarant is:
a. (if decedent left a will) the sole beneficiary or all the beneficiaries who succeeded to the property under the decedent's will. (Attach a copy of the will.)
b. (if decedent died without a will) the sole person or all the persons who succeeded to the property under Probate Code sections 6401 and 6402.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date:
(TYPE OR PRINT NAME)*
(SIGNATURE OF DECLARANT)
Date:
(TYPE OR PRINT NAME)*(SIGNATURE OF DECLARANT) SIGNATURES OF ADDITIONAL DECLARANTS ATTACHED
*A declarant claiming on behalf of a trust or other entity should also state the name of the entity that is a beneficiary under the decedent's will and declarant's capacity to sign on behalf of the entity (trustee, chief executive officer, etc.).
CERTIFICATE OF ACKNOWLEDGMENT
(NOTE: Do not use a small strip of paper to attach an additional certificate of acknowledgment to this page. If you need one or more additional certificates of acknowledgment, attach each one to this form on a separate, full-sized 8-1/2 by 11-inch page.)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA, COUNTY OF (specify):
On (date):
, before me (name and title):
personally appeared (name of each):
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State
(NOTARY SEAL)
of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
(SIGNATURE OF NOTARY PUBLIC)
(SEAL)
CLERK'S CERTIFICATE
I certify that the foregoing, including any attached certificates of acknowledgment and any attached legal description of the property (but excluding other attachments), is a true and correct copy of the original affidavit on file in my office. (Certified copies of this affidavit do not include the (1) death certificate, (2) will, or (3) inventory and appraisal. (See Prob. Code, § 13202.))
Clerk, by
, Deputy
Rev. January 1, 2026
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DE-305, Page 2 of 2
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Filling out the California DE-305 form is an important step in managing the affairs of a decedent with real property of small value. This form requires specific information about the decedent, their property, and the individuals claiming an interest in that property. Ensure you have all necessary documents ready before you begin.
The California DE-305 form, also known as the Affidavit Re Real Property of Small Value, is a legal document used to transfer real property owned by a deceased person. It is specifically designed for cases where the total value of the property does not exceed $55,425. This form allows successors to claim the property without going through a full probate process.
The DE-305 form can be used by individuals who are considered successors to the deceased's estate. This includes beneficiaries named in a will or those who inherit under California law if there is no will. It is important that at least six months have passed since the date of death before filing this form.
The DE-305 form requires several key pieces of information, including:
When submitting the DE-305 form, you must attach a certified copy of the decedent's death certificate. Additionally, an Inventory and Appraisal of the real property must be included, prepared on Judicial Council forms DE-160 and DE-161. This appraisal should be completed by a probate referee.
Yes, the DE-305 form must be notarized. A notary public will verify the identity of the individuals signing the document. The notary does not verify the accuracy of the information provided but confirms that the signers are who they claim to be.
Before using the DE-305 form, it is crucial to ensure that all known unsecured debts and expenses, such as funeral costs and medical bills, have been paid. If debts remain unpaid, the successor may be personally liable for them up to the fair market value of the property being claimed.
The DE-305 form is specifically for real property. It cannot be used for personal property or other types of assets. If the decedent owned property valued above $55,425, a different probate process would be required.
More information about the DE-305 form can be found on the California Courts website. Additionally, consulting with an attorney who specializes in probate law can provide guidance tailored to your specific situation.
Incomplete Information: Many individuals fail to provide all the required details. Missing information such as the decedent's full name, date of death, or the correct case number can lead to delays or rejection of the form.
Incorrect Property Description: It is crucial to copy the legal description of the property exactly from the deed. Errors in this section can create significant issues, including disputes over ownership.
Failure to Attach Necessary Documents: Applicants often neglect to include essential attachments, such as the certified copy of the death certificate or the Inventory and Appraisal. Without these documents, the form may not be processed.
Not Notarizing the Form: A common mistake is forgetting to have the form notarized. The signature of the declarant must be acknowledged by a notary public to validate the affidavit.
Ignoring Debt Responsibilities: Some people overlook the requirement to disclose unpaid debts of the decedent. Failing to address this can result in personal liability for the declarant.
The California DE-305 form is used to establish the transfer of real property owned by a decedent whose estate is of small value. When filing this form, there are several other documents that are commonly required. Each of these documents serves a specific purpose in the probate process, ensuring that the transfer of property is handled correctly and legally.
Having these documents ready and properly filled out can streamline the probate process. It helps prevent delays and ensures that the decedent's wishes are honored. Always consider consulting with a legal professional if you have questions about these forms or the probate process in general.
The California DE-305 form, which serves as an affidavit for real property of small value, shares similarities with the California DE-340 form. The DE-340 form is used for a petition to determine succession to real property. Both documents facilitate the transfer of property ownership without formal probate proceedings. While the DE-305 is specifically designed for cases where the value of the property is below a certain threshold, the DE-340 can be used for properties of any value, making it a more general tool for estate administration.
Another document akin to the DE-305 is the California DE-160 form, which is the Inventory and Appraisal form. This document is essential for providing a detailed account of the decedent's assets, including real property. Like the DE-305, the DE-160 requires a thorough description of the property and its value. However, the DE-160 is typically used in formal probate cases, while the DE-305 is utilized in situations where the estate is small enough to avoid full probate.
The California DE-161 form, which is an additional Inventory and Appraisal form, is also similar to the DE-305. This form is used when the decedent's estate includes multiple properties or complex assets. Both forms aim to ensure that the decedent's assets are accurately represented and valued. The DE-161 may be used in conjunction with the DE-160 to provide a comprehensive overview of the estate, while the DE-305 focuses solely on real property of limited value.
The California DE-310 form, which is a petition for letters of administration, shares a similar purpose with the DE-305 in that both documents deal with the transfer of property after a person's death. The DE-310 is typically used when there is no will, and it initiates the probate process. In contrast, the DE-305 allows for a simpler transfer of property without the need for full probate, making it suitable for smaller estates.
In addition to these forms, the California Form POS-030, which is a proof of service form, is relevant when filing the DE-305. This form ensures that all interested parties, such as guardians or conservators, receive notice of the affidavit. Both forms emphasize the importance of communication and transparency during the estate administration process, although the POS-030 focuses on service rather than property transfer.
The California Form POS-020 also relates to the DE-305, as it serves as a proof of personal service. This document is necessary for confirming that the affidavit and its attachments have been delivered to the appropriate parties. While the DE-305 centers on the transfer of real property, the POS-020 ensures that the legal requirements for notifying interested parties are met, highlighting the procedural aspects of estate management.
Lastly, the California DE-111 form, which is a petition for probate, is another document that bears similarities to the DE-305. The DE-111 initiates the formal probate process for estates that require it, while the DE-305 provides a streamlined alternative for smaller estates. Both documents aim to facilitate the transfer of assets, but they differ significantly in the level of court involvement required.
Filling out the California DE-305 form can be a straightforward process if you know what to do and what to avoid. Here’s a list of essential dos and don’ts to guide you through the completion of this important document.
By following these guidelines, you can navigate the process of filling out the California DE-305 form more effectively. Remember, attention to detail is crucial for ensuring that your submission is complete and accurate.
This form is specifically designed for cases where the decedent's real property is valued at $55,425 or less. It simplifies the process for smaller estates, making it accessible for many families.
While having legal representation can be beneficial, it is not mandatory. Individuals can complete and file the form on their own if they feel comfortable doing so.
In fact, a certified copy of the decedent's death certificate must be attached to the form. This document serves as vital proof of the decedent's passing.
Submitting this form does not automatically grant ownership. It merely allows for the transfer of property under certain conditions, and all necessary legal requirements must still be met.
While known unsecured debts must be settled, the form allows for the transfer of property even if some debts remain, as long as the filing party is aware of their potential liability.
The form can still be used if the decedent left a will. In such cases, the beneficiaries named in the will can file the DE-305 to claim the property.
This form is specifically for real property. It does not apply to personal property or other assets, which may require different legal processes.
After filing, it is crucial to ensure that all additional requirements, such as serving notice to guardians or conservators, are completed. Ignoring these steps can lead to complications in the property transfer process.
Filling out the California DE-305 form can seem daunting, but understanding its key elements can simplify the process. Here are some important takeaways:
By following these guidelines, individuals can navigate the DE-305 form more effectively, ensuring compliance with California probate laws.
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